WEIHENG Software Service Agreement

Update Date of the Latest Version: January 30, 2024
Effective Date: January 30, 2024

The purpose of this software service agreement (hereinafter referred to as “this agreement”) is to stipulate your rights and obligations when you use the software service provided by Jiangsu Weiheng Intelligent Technology Co.,Ltd. and other related parties (collectively referred to as “WeiHeng”). Before you register this software and related service, or log in to this software for the first time by using the account number and password of this software provided to you by WeiHeng, please carefully read and thoroughly understand this agreement, especially the clauses marked in bold/bold underline (these clauses may restrict your rights or have a significant interest with you, or may be exempted or reduced to constant liability). You should focus on reading them, and confirm that you fully understand and agree. [If you check “I have read the software service agreement and agree to its contents” and continue to click the “Register” or “Login” button during the registration or first login of this software and related service], it will be deemed that you agree to accept all the contents of this agreement, and this agreement will constitute a valid and legally binding contract for you and WeiHeng.

1. Software license and service provision

1.1 For the purpose of this agreement, WeiHeng will grant you a personal, non-transferable, non-exclusive, non-permanent and revocable license at any time during the term of this agreement to allow you to use this software for the purpose of receiving related service (the “Limited Software License”).

1.2 For the purpose of this agreement, the related service provided to you by WeiHeng include but are not limited to: (1) Allow you to remotely monitor the WeiHeng products through this software; (2) To provide you with information related to WeiHeng products and service; (3) To provide other service as determined from time to time.

1.3 WeiHeng has the right to interpret and decide the software, its license and related service in terms of types, contents, standards, time, methods, places and other aspects. WeiHeng has the right to unilaterally change, modify or adjust any aspect of the software, its license or related service from time to time by updating this agreement or giving you a written notice in advance, or unilaterally decide to suspend or permanently stop providing the software, its license or related service or any part of it, or unilaterally terminate this software from time to time. Considering the free provision of this software, its license and related service, WeiHeng will not take any responsibility for any impact or loss caused by the aforementioned change, modification, adjustment, suspension, permanent cessation or termination. You should fully understand and accept the risks brought to you by the aforementioned terms, otherwise you should not register/log in and use this software or related service.

2. Product description

Please scan the QR code of the product description in the quick installation manual and read the contents of the product description carefully. Please note that you need to use the products and service provided by WeiHeng on the basis of fully understanding the product description. Once you start using the products and service provided by WeiHeng, it is deemed that you have fully understood and agreed to all the terms of the product description.

3. Expense

For the time being, WeiHeng will not charge you any fees for providing you with limited software licenses and related service, so it is not obliged to provide you with any billing, invoicing or tax filing assistance. However, WeiHeng has the right to cancel the free service policy, adopt or modify the fee-based service policy from time to time by updating this agreement or by giving you a written notice in advance. You reserve the right to refuse to use any paid software or paid service of WeiHeng.

4. Software use and account cancellation rules

4.1 When you use this software and related service, you need to prepare related terminal equipment by yourself, and you should bear the related expenses (such as electricity and network fees, etc.).
4.2 You should take care of the account you created or assigned to you, and the password you set or provided by WeiHeng, and avoid disclosing it to unauthorized third parties. If you fail to properly handle the account number and password information, you should bear any losses, and WeiHeng will never take any responsibility.

4.3 If WeiHeng allows you to share any information in this software with a third party, or allows you to assign or sub-delegate any rights in this software to a third party, you should handle it carefully. Any loss caused by your mistakes in sharing, distributing, sub-licensing or other operations of this software shall be borne by you, and WeiHeng will never take any responsibility.

4.4 You shall strictly abide by the applicable laws and regulations and the management and use rules of this software published or updated by WeiHeng from time to time. You are not allowed to upload any illegal information in this software, and you are not allowed to infringe the intellectual property rights or other legitimate rights and interests of any third party through this software. In case of any violation, you should take full responsibility independently, and protect WeiHeng from any responsibility and any loss.

4.5 In order to ensure that you use this software and receive related service, we may ask you to provide relevant information, and you should ensure that such information is true, accurate and complete. If the information you provide is untrue, inaccurate or missing, you should bear all the losses yourself, and WeiHeng will never take any responsibility.

4.6 You agree that WeiHeng can show you advertisements or other information (including commercial and non-commercial information) through this software. The specific display form, frequency and content of advertisements or other information shall be subject to the actual provision of WeiHeng. You agree that you should carefully judge the authenticity and reliability of the advertisements or publicity information appearing in this software, and you should be responsible for the actions carried out as a result of such advertisements, except as expressly provided by law.

4.7 If you wish to cancel your software account, you can submit your cancellation application to us through the cancellation function in the software, and we will cancel it within 7 days after receiving the notice, provided that it complies with the laws and regulations and the agreement between us and you. After your account is cancelled, we will revoke the limited software license granted to you, stop providing related service to you, and delete your personal information or anonymize it according to the law.

5. Exclusive rights

5.1 “Intellectual property” refers to any intangible rights and interests, including but not limited to those proved or contained by: (1) any software, idea, design, concept, method, processing technology, technology, instrument, invention, discovery or improvement, including any patent, patent application, trade secret and proprietary technology; (2) Any copyright works, including any copyright, industrial design or moral rights; (3) Any trademark or its application, trade name, service mark, business title and related goodwill; (4) Other proprietary technologies or materials in which similar rights exist due to or according to any effective laws and regulations anywhere in the world; And (5) other rights, including Internet domain names, web addresses and other identifying information.

5.2 This software and all intellectual property rights related to this software and related service (hereinafter referred to as “Related Intellectual Property Rights”) belong to WeiHeng. The relevant intellectual property rights licensed to you by WeiHeng are provided “as is”, and WeiHeng will not make any express or implied guarantee (including but not limited to non-infringement guarantee, guarantee of conformity with specific purpose, etc.) on the relevant intellectual property rights. This agreement shall not be deemed that any rights and interests in relevant intellectual property rights are authorized, licensed or otherwise transferred to you, except for the limited software license agreed in this agreement.

5.3 All materials (such as records, reports), data, works, upgrades, improvements, achievements and their rights and interests (including but not limited to intellectual property rights) (hereinafter referred to as “Derivative Rights”) arising from your use of this software, related service and Related Intellectual Property Rights or from the performance of this agreement shall belong to WeiHeng unconditionally and benefit from it free of charge, regardless of whether such use or performance violates this agreement. WeiHeng is exclusively entitled to apply, register, maintain and enforce Derivative Rights; To this end, you should provide necessary assistance to the extent permitted by applicable laws and regulations, including but not limited to the free transfer of Derivative Rights to WeiHeng.

5.4 You should only use this software within the limited software license scope stipulated in this agreement, and you should not use Related Intellectual Property Rights and Derivative Rights in any way beyond the aforementioned scope without prior written consent of WeiHeng. In particular, you may not use the Related Intellectual Property Rights and Derivative Rights for purposes other than this agreement, and you may not authorize, license, offer to use, transfer, set any right burden, dispose of, damage or otherwise infringe the Related Intellectual Property Rights and Derivative Rights. Without the special consent of WeiHeng, you may not directly or indirectly commit any of the following acts:
(1) Reverse engineer, reverse compile, reverse assemble the software, or try to find its source code in other ways;
(2) Modify, update, upgrade, downgrade, interfere, destroy or otherwise change the software in whole or in part;
(3) Copy and translate this software (except downloading this software for the purpose of limited software license), or use this software for secondary development to create any derivatives;
(4) Provide copies or derivatives of this software to third parties in any way; or
(5) Delete, change or add any ownership statement or mark of this software.

5.5 WeiHeng has the right to check your use of this software and Related Intellectual Property Rights and Derivative Rights, and has the right to ask you to immediately correct or stop using it in case of improper use.

5.6 WeiHeng does not assume any compensation responsibility for this software and Related Intellectual Property Rights and Derivative Rights. You shall indemnify and hold WeiHeng harmless from any claims, losses, damages, expenses and fees related to this software and Related Intellectual Property Rights and Derivative Rights due to your reasons.

5.7 If we decide to suspend or permanently stop providing this software, its license or related service or any part of it, we have the right to ask you to delete or transfer any files, documents, data and other materials related to this software and Related Intellectual Property Rights and Derivative Rights, and we also have the right to directly delete or transfer the aforementioned operations in your storage equipment or terminal equipment through technical measures. This agreement shall be regarded as your explicit consent and authorization for these operations.

6. Relevant data and personal information

6.1 The related data and information other than your personal information (abbreviated as “Related Data”, including but not limited to the technical data generated by this software and peripheral equipment, and the unrecoverable data that can’t identify a specific person after technical measures or other necessary measures have been taken to process your personal information) generated by your use of this software, related service and Related Intellectual Property Rights, as well as any rights and interests related to Related Data, constitute Derivative Rights which are unconditionally and freely belong to and benefit WeiHeng. WeiHeng has the permanent right to collect and use, store, share, disclose and otherwise process relevant data commercially or non-commercially in the way it thinks fit, without your consent.

6.2 At the same time, WeiHeng attaches importance to your right to the protection of personal information. Regarding how WeiHeng collects, uses, provides, publicly discloses, stores or otherwise processes your personal information, please refer to the Privacy Policy formulated by WeiHeng.

7. Disclaimer

7.1 Read carefully and follow the product description and quick installation manual of WeiHeng products you purchased. Do not engage in illegal operation, use, modification, destruction and other improper acts without authorization, otherwise you may not ask WeiHeng to take any responsibility for the losses and consequences caused. If you encounter problems or equipment failure during use, please contact your after-sales personnel or contact us by email.

7.2 Due to technical limitations, dependence on network and other infrastructure, failure of your terminal equipment, possible external malicious attacks, defects of third-party service, government actions, force majeure, your possible violation of this Agreement and other factors, WeiHeng may not be able to fully ensure the authenticity, accuracy, completeness, timeliness and security of the information and data provided. You should be fully aware of these risks, and allow WeiHeng to be free from any liability caused by the error, inaccuracy, omission, delay, disclosure, damage or tampering of the information and data provided.

7.3 Since this software and related service are provided free of charge by WeiHeng, WeiHeng does not make any express or implied warranty on any aspect of this software and related service. We will try our best to promote the stable, sustainable and effective use of this software and related service, but we can’t absolutely guarantee the stability, continuous availability, no quality defects and specific purpose of this software and related service. Even if WeiHeng violate these guarantees, You can’t ask WeiHeng for taking any responsibility.

7.4 In case of any loss caused by your violation of this agreement or your violation of the lawful rights and interests of WeiHeng, WeiHeng has the right to ask you for compensation and take remedial measures. The aforementioned “losses” include (but are not limited to) attorney’s fees, legal fees, arbitration fees, notary fees and other related expenses incurred in seeking relief for WeiHeng.

8. Others

8.1 The rights obtained by you according to the terms of this agreement are not transferable.

8.2 The formulation, validity, interpretation, execution, jurisdiction and dispute settlement of this Agreement shall be governed by the laws of the People’s Republic of China. In case of any dispute arising from this agreement between you and WeiHeng, WeiHeng and you have the right to bring a lawsuit to the people’s court with jurisdiction at the domicile of WeiHeng.

8.3 We reserve the right to update or modify this agreement from time to time, and we will send you the change notice by email, letter, telephone notice, announcement, push in the software, etc. If you receive the change notice, but don’t agree with the revised agreement, you should immediately notify WeiHeng in writing and stop using the software and related service, otherwise, it will be deemed that you accept the changes made by WeiHeng to the relevant terms of this agreement. Re-emphasize to you that if you continue to use this software or related service after receiving the change notice, it will be deemed that you accept the modification made by WeiHeng to the relevant terms of this agreement.

8.4 If you have any questions, comments or suggestions about this agreement, you can contact WeiHeng by sending an email to service@whes.com.

Copyright 2024 Jiangsu Weiheng Intelligent Technology Co., Ltd. All Rights Reserved